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    • Yes, please fill in the sticky that HB posted - the more ammo we have against them, the better.   To answer your questions.   1.  You're right.  However the PPCs have complete contempt for the law and will pursue you regardless, hoping you will finally give in, or they'll get a default judgement, etc.   2.  You need to reply to the LBC and make it quite clear to the charlatans that you will be big trouble if they do do court.  We call this the "snotty letter" strategy.  Do a search on the forum for "snotty letter" and you'll see loads of examples.    3.  Again, you're right.   4.  The best way is to deal with the matter in two stages.  Firstly, concentrate on seeing off the ticket.  Then later, if you want revenge, sue them for breach of GDPR.
    • Thanks dx. I will ignore until I hear anything further from them.  
    • So, so far we have -   1.  Appalling signage with the £60/£100-ish charge in particular being illegible.  No PP either.   2.  Double dipping, you actually obeyed what was on their silly signs.   3.  No locus standi.  A blank unsigned template is not a letter, let alone a contract.   4.  Double recovery.  As well as £50 legal costs they have invented £60 Unicorn Food Tax.   WS in post 99 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/417771-cel-pcn-claimform-tenerife-buildings-station-road-south-gosforth-newcastle-ne3-1qd-claim-discontinued/page/4/#comments   WS in post 87 is useful for (1), (3) & (4)  https://www.consumeractiongroup.co.uk/topic/421029-opcdcb-legal-anpr-pcn-paoloc-now-claimform-overstay-st-johns-retail-park-wolves-claim-discontinued/page/4/#comments   WS in post 122 is again useful for (1), (3) & 4  https://www.consumeractiongroup.co.uk/topic/410445-ukcpmgladstones-windscreen-pcn-claimform-vista-centre-salisbury-rd-hounslow-tw4-6jq-claim-dismissed/page/5/#comments   WS in post 58 with comments in post 59 useful for (3) and (4)  https://www.consumeractiongroup.co.uk/topic/422971-excel-anpr-windscreen-pcn-claimform-brewery-st-car-park-chesterfield-on-0207-2018-claim-dismissed/page/3/#comments   I haven't got time to look at the lot, but there are probably useful WSs in the following (scroll down the pages till you come to the WS, which will always be an attachment)   https://www.consumeractiongroup.co.uk/topic/419899-ukcpmgladstones-spycar-pcn-claimform-no-stopping-trinity-park-birm-airport-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/414313-cpmbw-windscreen-pcns-bw-pap-loc-now-claimform-residential-car-park-the-citrus-building-maderia-road-bournemouth-claim-dismissed-with-costs/   https://www.consumeractiongroup.co.uk/topic/421756-vcs-pcn-claimform-broomfield-developements-broomspring-close-s37xa-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/429200-excel-pcn-claimform-broomhill-roof-car-park-in-sheffield-claim-dismissed/   https://www.consumeractiongroup.co.uk/topic/419312-vcs-pcn-claimform-no-stopping-in-restricted-zone-bristol-airport-claim-dismissed/    
    • I don't understand why Leave.eu would want to leave and then stay in Europe anyway. I'm sure you don't either, TJ.    
    • Because we've seen the PPCs' antics a thousand times.  They always refuse appeals.  On every occasion they send out the same standard "threatening" letters.  In each case they then involve a third party to pretend the matter has somehow got more serious and the sum owed has increased.  It's got nothing to do with "sticking by their guns", it's what they always do, whether their case is good or if it's pants.   What do you think an unbiased judge would decide when you prove there was no sign at the entrance, just one in the car park at the height of the stratosphere, that the cafè owners had to stick up their own signs to protect their customers, that ages after your visit PCMUK finally installed decent signage, etc., etc? 
  • Our picks

    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Lantern/moriarty claimform - old P2P PDL


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Hello

 

Really hoping someone can help. I've received the the forms from court regarding a outstanding debt owed to moriarty law, formerly Lantern and formerly MMF on behalf of poundstopocket.

 

I know I have to respond within 14 days but I really don't want a CCJ because this will affect my future employment and potentially affect my current job.

 

I'd really like to avoid the CCJ but can't afford to pay the full amount at once although I may be able to do over 6 months.

 

Do I have any options as I'm really worried or should I just send the admission and come to a pay monthly agreement and accept the CCJ as satisfied.

 

Thanks

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Hi and Welcome to CAG

 

I have moved your thread to Financial Legal Issues in view of the court claim.

 

Please read the following link and copy and paste the Q,s and your responses back here for further advice on how to proceed.

Please read the link with regards to acknowledging service and the time frames.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-2018**(1-Viewing)-nbsp

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks for your help Andy. Really appreciated. Questions answered below in caps.

 

Name of the Claimant ? LANTERN DRS LIMITED (FORMERLY MMF) PROTECTION HOUSE, 83 BRADFORD ROAD, PUDSEY, WEST YORKSHIRE, LS28 6AT

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 JUL 2018

 

Particulars of Claim

 

What is the claim for – the reason they have issued the claim? Please type out their particulars of claim in full (verbatim) less any identifiable data and round the amounts up/down.

 

THE DEFENDANT OWES THE CLAIMANT £1300 UNDER A REGULATED LOAN AGREEMENT WITH CASHEURONET LLC T/A QUICK QUID DATED 29/08/2013 AND WHICH WAS ASSIGNED TO THE CLAIMANT in 20/12/2107 AND NOTICE OF WHICH WAS GIVEN TO THE DEFENDANT ON THE 20/12/2017 (DEBT). DESPITE FORMAL DEMAND FOR PAYMENT OF THE DEBT THE DEFENDANT HAS FAILED TO PAY AND THE CLAIMANT CLAIMS £1300 AND FURTHER CLAIMS INTEREST THEREON PURSUANT TO SECTION 69 OF THE COUNTY COURT ACT 1984 LIMITED TO ONE YEAR TO THE DATE HEREOF AT THE RATE OF 8% PER ANNUM AMOUNTING TO £103

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? NO. I HAVE RECEIVED LETTERS BUT NOT ONE SAYING IT WOULD GO TO COURT. I HAVE MOVED ADDRESS SINCE TAKING THIS OUT BUT NOT WITHIN THE LAST 3 YEARS

 

What is the total value of the claim? £1552 INC COURT AND LEGAL

 

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? PAYDAY LOAN

 

When did you enter into the original agreement before or after April 2007? AFTER

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim? IT'S BEEN MOVED FROM QUICKQUID TO LANTERN TO MORIARTY LAW

Were you aware the account had been assigned – did you receive a Notice of Assignment? NOT THAT I REMEMBER

Did you receive a Default Notice from the original creditor? I MAY HAVE DONE BUT THIS WAS NEARLY 6 YEARS AGO SO CAN'T REMEMBER

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? NO I HAVEN'T

 

Why did you cease payments? I GOT MADE REDUNDANT UNEXPECTEDLY AND EVERYTHING GOT ON TOP OF ME AND I WAS STRUGGLING TO GET BY. IT WAS TAKEN WITH GOOD INTENTIONS AS I WAS WORKING WHEN I TOOK IT OUT

What was the date of your last payment? SOME TIME IN 2013 I THINK

 

Was there a dispute with the original creditor that remains unresolved? NO

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? NO

 

Thanks for your help in advance.

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100's of these claims already here

They dont turn up anyway in court

Easy win usually for you

Read these

Get AOS,CCA & CPR running

 

Follow these

https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=Mmf+claimform&sa=Search+CAG

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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You have 33 days in total to deal with the process...assuming you defend all.19 days from and including 20 JUL 2018 to acknowledge service and then a further 14 days to submit your defence.

 

You can do it all on line by registering to use MCOL...instructions are contained within the claim pack.

 

Refer back to the link I provided with regards to sending CCA/CPR 31.4 request...do this ASAP.

 

By defending in full this will allow 33 days plus a further possible 3 months by the time it gets to a hearing...you can settle the debt anytime during this period....but only if you defend in full.

 

By admitting you automatically get a CCJ...which appears on your file for 6 years...paid or unpaid...settled or satisfied.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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Thanks again Andy.

I’ll do as you’ve suggested tomorrow.

 

If I’m defending then do I have a defence?

If I get rejected would I then not be able to pay monthly or would it be within 28 days and if not I have bailiffs round?

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Everyone has a defence if the claim has been issued by a DCA and not the original creditor...your defence puts them to strict proof to disclose all the documents they rely on to support their claim.

 

95% dont and cant disclose the paperwork......but then again they didnt expect you to defend .....you would role over and they would get a default judgment.

 

Make them work for it or at least stretch it out

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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I’ll do exactly as you say.

 

Would the statute expire if it goes beyond August?

I may need more defence with this in future.

 

Should I reply back to this link?

 

I will happily donate towards the future of CAG group in future.

 

Thanks

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What statute?

Keep to this thread

 

Theres a clickme link in post 4

Go have a readup best way for you to get your q's answered

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hey all

 

I'm just in the process of defending a CCJ. Does anyone know whether a payday loan falls under 77, 78 or 79?

 

Apologies if the numbers are wrong but it's fixed term loans, catalogues etc.

 

Thanks

Edited by voodoo29
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Tells you if you click and read all the posts at CCA request link

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Threads merged

Please keep to one thread

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hey all

 

I'm just in the process of defending a CCJ. Does anyone know whether a payday loan falls under 77, 78 or 79?

 

Apologies if the numbers are wrong but it's fixed term loans, catalogues etc.

 

Thanks

 

Section 77...fixed.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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